Legal

FOTOHOF – Association for the Promotion of Author Photography
Inge-Morath-Platz 1-3
5020 Salzburg
Austria
E-mail: fotohof@fohotof.at
Telephone number: +43 662 849296
VAT ID No.: AT U39982006

§ 1 Validity, definitions of terms

(1) FOTOHOF – Verein zur Förderung der Autorenfotografie, Inge-Morath-Platz 1-3, 5020 Salzburg, Austria (hereinafter: “we” or “FOTOHOF”) operates an online shop for goods and services under the website https://fotohof.at. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online shop at https://fotohof.at.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps

1. Select the desired goods, the selected service(s),</li
2. Add the products by clicking on the corresponding button (e.g. “Add to shopping basket”, “Add to shopping bag” or similar),
3. Check the details in the shopping basket,
4. Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To order overview” or similar),
5. Enter/check the address and contact details, select the payment method, confirm the terms and conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Completion of the order by clicking the button “Order with obligation to pay”. This constitutes your binding order.</li
8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.</li

(4) If the contract is concluded, the contract is concluded with FOTOHOF – Verein zur Förderung der Autorenfotografie, Inge-Morath-Platz 1-3, 5020 Salzburg, Austria.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract for our online shop is

1. The sale of goods. The specific goods offered can be found on our article pages.</li
2. The provision of services. The specific services offered can be found on our article pages.</li

(2) The essential characteristics of the goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, shipping costs and delivery

(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labelled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the prices stated, shipping costs may be incurred for the delivery of products, unless the respective item is labelled as free of shipping costs. The shipping costs will be clearly indicated on the offers, in the shopping basket system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (delivery time: ≤ 5 working days after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Afghanistan, Egypt, Åland, Albania, Algeria, American Samoa, American Virgin Islands, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Equatorial Guinea, Argentina, Armenia, Aruba, Azerbaijan, Ethiopia, Australia, Bahamas, Bahrain, Bangladesh, Barbados, Belau, Belgium, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Saint Eustatius and Saba, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Virgin Islands, British Indian Ocean Territory, Brunei, Bulgaria, Burkina Faso, Burundi, Chile, China, Cook Islands, Costa Rica, CuraÇao, Denmark, Germany, Dominica, Dominican Republic, Djibouti, Ecuador, El Salvador, Ivory Coast, Eritrea, Estonia, Eswatini, Falkland Islands, Faroe Islands, Fiji, Finland, France, French Guiana, French Polynesia, French Southern and Antarctic Territories, Gabon, Gambia, Georgia, Ghana, Gibraltar, Grenada, Greece, Greenland, Guadeloupe, Guam, Guatemala, Guernsey, Guinea, Guinea-Bissau, Guyana, Haiti, Heard and McDonald Islands, Honduras, Hong Kong, India, Indonesia, Iraq, Ireland, Iceland, Isle of Man, Israel, Italy, Jamaica, Japan, Yemen, Jersey, Jordan, Cayman Islands, Cambodia, Cameroon, Canada, Cape Verde, Kazakhstan, Kenya, Kyrgyzstan, Kiribati, Cocos Islands (Keeling Islands), Colombia, Comoros, Congo-Brazzaville, Congo-Kinshasa, Croatia, Cuba, Kuwait, Laos, Lesotho, Latvia, Lebanon, Liberia, Libya, Liechtenstein, Lithuania, Luxembourg, Macau, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Morocco, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Mozambique, Myanmar, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Nicaragua, Netherlands, Niger, Nigeria, Niue, Northern Mariana Islands, North Macedonia, Norfolk Island, Norway, Oman, Austria, East Timor, Pakistan, Palestinian Territories, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Poland, Portugal, Puerto Rico, Réunion, Rwanda, Romania, São Tomé and Príncipe, Saint Barthélemy, Saint Martin (Dutch part), Saint-Pierre and Miquelon, Solomon Islands, Zambia, Samoa, San Marino, Saudi Arabia, Sweden, Switzerland, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Slovakia, Slovenia, Somalia, Spain, Sri Lanka, St. Helena, St. Kitts and Miquelon, Zambia, Zimbabwe. Helena, St. Kitts and Nevis, St. Lucia, St. Martin (French part), St. Vincent and the Grenadines, South Africa, Sudan, South Georgia / Sandwich Islands, South Korea, South Sudan, Suriname, Svalbard and Jan Mayen, Tajikistan, Taiwan, Tanzania, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Chad, Czech Republic, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, Hungary, United States (US) Minor Outlying Islands, Uruguay, Uzbekistan, Vanuatu, Vatican City, Venezuela, United Arab Emirates, United States of America (USA), United Kingdom, Vietnam, Wallis and Futuna, Christmas Island, Western Sahara, Central African Republic, Cyprus.

§ 5 Right of retention, retention of title

(1) You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

§ 6 Right of cancellation

As a consumer, you have a right of cancellation. This is based on our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for unauthorised acts is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes, in particular, our obligation to take action and fulfil the contractually owed service, which is described in § 3.

§ 8 Contract language

The contract language is exclusively German.

§ 9 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.

§ 10 Final provisions/dispute resolution

(1) Austrian law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

Payment types

We offer you the following payment types. Simply browse the list for the best payment type for you. Shipping costs may vary depending on the payment type selected. The prices given in the respective offers are final and include all price components (including any applicable tax such as value-added tax (VAT)). Other taxes (e.g. those applicable to intra-Community purchases) and/or duties (e.g. customs duty) are only incurred in connection with cross-border transactions and are payable to the respective customs and/or tax authorities and not the vendor. The costs of shipping and delivery are not included in the purchase price and can be viewed on the “Shipping costs” page. They are indicated separately during the order process and to be paid by you in addition to the purchase price.

Credit card

Hassle-free credit card payment.

PayPal

Payment is even quicker and easier with your PayPal account.

eps bank transfer

The payment method eps represents the “Electronic Payment Standard” and offers a secure online payment solution for both customers and webshop operators. This payment method was created in cooperation with Austrian banks to enable online purchases via trusted online banking.

Payment Processing

For processing payments in our online store, we use the service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands. Mollie is a payment service provider that allows us to offer various payment methods such as credit card, direct debit, and PayPal. When you make a payment in our online store, your payment data is transmitted to Mollie. The transmission of your data is solely for the purpose of payment processing and only to the extent necessary for this purpose.

For more information on data processing by Mollie, please refer to Mollie’s privacy policy at https://www.mollie.com/at/legal/privacy.

Prices, Shipping Costs, and Delivery Information

The prices listed on the product pages include the statutory value-added tax and other price components.

During the checkout process, it will be apparent whether shipping to the selected country is possible or if an individual shipping offer can be requested. The shipping costs are dynamically calculated and depend on the product category and the destination country. The calculated shipping costs will be clearly communicated to you in the shopping cart system and on the order page.

No shipping costs are incurred for digital content (e-books, software, etc.), as well as for workshop participation fees.

Should no shipping option be predefined during the checkout process, you have the opportunity to request an individual shipping offer non-bindingly.

Right of cancellation for consumers

(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession).

Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day of cancellation,

• on which you or a third party named by you, who is not the carrier, have taken possession of the goods, provided that you have ordered one or more goods as part of a single order and these are or will be delivered uniformly, or
• on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, provided that you have ordered several goods as part of a single order and these are delivered separately, or
• on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last item, provided that you have ordered goods that are delivered in several partial consignments or items, or
• on which you or a third party named by you, who is not the carrier, have taken possession of the first goods, provided that you have concluded a contract for the regular delivery of goods over a fixed period of time.

To exercise the right to cancel, you must inform us (FOTOHOF – Verein zur Förderung der Autorenfotografie, Inge-Morath-Platz 1-3, 5020 Salzburg, Österreich, Österreich, Phone number: +43 662 849296, Email address: fotohof@fotohof.at) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, email). You can use the attached sample cancellation form, but this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

Consequences of the cancellation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form)

– To

FOTOHOF – Verein zur Förderung der Autorenfotografie, Inge-Morath-Platz 1-3, 5020 Salzburg, Austria, Austria, telephone number: +43 662 849296, e-mail address: fotohof@fotohof.at

– I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only for notification on paper)

– Date(s)

___________
(*) Delete as appropriate.